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(영문) 창원지방법원 2014.11.06 2014노2054
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the court below's imprisonment (ten months of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant jointly with another person to inflict an injury on the victims, interfere with the performance of duties by police officers, and at the same time causing an injury to the victimized police officers, and the nature of the instant crimes is not weak. The degree of the Defendant’s participation in each of the instant crimes is significant, and the Defendant has been punished several times for the same kind of crimes, etc., which are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant agreed with the Victim L in the lower court; (b) agreed with the victim I, J, the family members supporting the Defendant; and (c) the Defendant reflects his mistake; and (d) the Defendant was detained for more than three months; (b) the Defendant was detained for more than three months; (c) the Defendant’s age, character and conduct, environment, motive and background of the offense; (d) means and method of the offense; and (e) the circumstances after the commission of the offense, etc., the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 136 (1) and 30 of the Criminal Act; Articles 257 (1) and 30 of the Criminal Act concerning the crimes;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties and of injury under paragraph (2) of the same Article in the judgment of the original court)

3. Selection of each penalty of imprisonment;

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